Little v. St. Louis Trust Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds and Hon. Wm. M. Kinsey, Judges. (1) A decree which does not dispose of the question of costs is merely interlocutory where “the reservation or suspension requires the matter to he brought before the court again.” “In view of our statutes and the decisions upon them, the question is, how far the costs rest in the discretion of the court, when sitting as a court of equity or of law. Bank v. Reilly, 8 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds and Hon. Wm. M. Kinsey, Judges. (1) A decree which does not dispose of the question of costs is merely interlocutory where “the reservation or suspension requires the matter to he brought before the court again.” “In view of our statutes and the decisions upon them, the question is, how far the costs rest in the discretion of the court, when sitting as a court of equity or of law. Bank v. Reilly, 8 Mo. App. 548; R. S. 1899, secs. 990, 1002 (now 1547, 1559); Williams v. Field, 2 Wis. 421, 60 Am. Dec. 426; French v. Ice Co., 82…
1Opinion of the CourtGoode, J.
(after stating the facts). — As already said, the position of the Bank of Commerce as appellant in this branch of the case, raises only one question: Whether the circuit court had power, after the term in which the judgment was given for an interpleading, to make an order for an allowance in the trust company’s mvor of its reasonable expenses and attorneys’ fee. This question is to be determined with reference to several prominent facts. The decree for an interpleading did not, it will be observed, dismiss i he trust company as a party to the proceeding, though it is the defendant and is…
Also in this document: Concurrence.
2Cases cited18 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Schawacker v. McLaughlinSupreme Court of Missouri · 1897
- Bosley v. ParleMissouri Court of Appeals · 1889
- Ladd v. CouzinsSupreme Court of Missouri · 1873
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3Cited by2 opinions
- Schenberg v. SchenbergMissouri Court of Appeals · 1957
- Little v. St. Louis Union Trust Co.Supreme Court of Missouri · 1910